Foreword: In building engineering construction course, build an unit to wait for a reason because of pursueing time limit for a project sometimes, can put forward a few unreasonable injunctions that violate project country standard, construction unit is in after receiving these instructions, ought to give refuse? Ought to still continue by the requirement construction? If according to construction the unit dictates the requirement continues construction, problem of project occurrence quality causes later, by who ought to assume project quality responsibility?
Case retrieval: Without city of dress of spin of international of stannic new world limited company and China build bureau of the 4th project limited company, medium too dispute of contract of construction of project of construction of construction group Inc. 2 careful are civil judgment record date: (2017) revive 02 civilian eventually 2180 controversy focus: After construction unit sends case to ask construction unit closes ahead of schedule, irrigate belt, bring about occurrence ground to sedimentation cause break, by who is responsibility of this project quality assumed?Forensic judge point of view: After although new world company serves as the person that send a package to ever sent letter,within a definite time of 4 bureaus company is being built to close in adjuration, irrigate belt, the case of the belt is irrigated to have due responsibility after closing to shifting to an earlier date, but in build 4 bureaus company to regard the construction that has professional construction experience and judgement capacity as the unit, the requirement of quality of unreasonable to sending packet of person project having damage ought to make professional judgement and proposal, and rather than is blind according to instruction construction. To sedimentationing the element is opposite the influence of quality of experience proposal project, court of first instance is united in wedlock new world company is mixed in this case in build 4 bureaus company respective in construction fault drinks to be caused surely inclined sedimentation to what break arises element by new world company, medium build 4 bureaus company to bear the responsibility of 50% each, do not have undeserved, this academy gives affirm.
Case enlightenment: In building engineering construction course, when the unreasonable quality that if build,designs a standard, construction unit should put forward written demur to give refuse, if build what the unit still holds to unreasonable instruction, the responsibility of occurrence project quality is assumed by construction unit. But, be like construction unit not demur, did not grant to refuse and press instruction construction, construction unit perhaps assumes corresponding responsibility.Extend intellectual drop: Construction unit has the obligation that has detecting to the material that enter the arena, equipment, even if the material that construction unit is in charge of purchasing (armour lays capable person) , did not detect like construction unit or detect unqualified still use, construction unit and construction unit all need to assume corresponding responsibility.
